Title EPT, Estates, Powers & Trusts

§ 3-3.2 Competence of attesting witness who is beneficiary; application\n to nuncupative will\n (a) An attesting witness to a will to whom a beneficial disposition or\nappointment of property is made is a competent witness and compellable\nto testify respecting the execution of s…

§ 3-3.3 Disposition to issue or brothers or sisters of testator not to\n lapse; application to class dispositions\n (a) Unless the will whenever executed provides otherwise:\n (1) Instruments executed prior to September first, nineteen hundred\nninety-two. Whenever a testamentary…

§ 3-3.4 Consequences of partly ineffective testamentary dispositions of\n property to two or more residuary beneficiaries\n Whenever a testamentary disposition of property to two or more\nresiduary beneficiaries is ineffective in part, as of the date of the\ntestator's death, and…

§ 3-3.5 Conditions qualifying dispositions; conditions against contest;\n limitations thereon\n (a) A condition qualifying a disposition of property is operative\ndespite the failure of the testator to provide for an alternative gift\nto take effect upon the breach or non-occurre…

§ 3-3.6 Encumbrances on property of decedent or on proceeds of insurance\n policy on life of decedent not chargeable against assets of\n decedent's estate\n (a) Where any property, subject, at the time of decedent's death, to\nany lien, security interest or other charge, includin…

§ 3-3.7 Testamentary disposition to trustee under, or in accordance with\n terms of existing inter vivos trust\n (a) A testator may by will dispose of or appoint all or any part of\nsuch testator's estate to a trustee of a trust, the terms of which are\nevidenced by a written ins…

§ 3-3.8 Validity of a purchase of real property notwithstanding its\n disposition by will\n The title of a purchaser of real property, in good faith and for\nvaluable consideration, from a distributee of a person who died owning\nsuch property shall not be affected by a testament…

§ 3-3.9 Testamentary direction to purchase annuities\n If a testator directs in his will the purchase of an annuity, the\nbeneficiaries to whom the income thereof is to be paid may not elect to\ntake the capital sum directed to be used for the purchase of such\nannuity in lieu th…

§ 3-4.1 Revocation of wills; effect on codicils\n (a) Except as otherwise provided in this chapter, a revocation or\nalteration, if intended by the testator, may be effected in the\nfollowing manner only:\n (1) A will or any part thereof may be revoked or altered by:\n (A) Anothe…

§ 3-4.2 Agreement to convey property previously disposed of by will not\n a revocation\n An agreement made by a testator to convey any property does not revoke\na prior testamentary disposition of such property; but such property\npasses under the will to the beneficiaries, subje…

§ 3-4.3 Revocatory effect of a conveyance, settlement or other act\n affecting property previously disposed of by will\n A conveyance, settlement or other act of a testator by which an estate\nin his property, previously disposed of by will, is altered but not\nwholly divested do…

§ 3-4.4 Conveyance of property of an incompetent or conservatee,\n previously disposed of specifically by will, not revocation or\n ademption\n In the case of a sale or other transfer by a committee or conservator,\nduring the lifetime of its incompetent or conservatee, of any pr…

§ 3-4.5 Insurance proceeds from specific disposition not subject to\n ademption\n Where insurance proceeds from property which was the subject of a\nspecific disposition are paid after the testator's death, such proceeds,\nto the extent received by the personal representative, ar…

§ 3-4.6 Revocation or alteration of later will not to revive prior will\n or any provisions thereof\n (a) If after executing a will the testator executes a later will which\nrevokes or alters the prior one, a revocation of the later will does\nnot, of itself, revive the prior wil…

§ 3-5.1 Formal validity, intrinsic validity, effect, interpretation,\n revocation or alteration of testamentary dispositions of, and\n exercise of testamentary powers of appointment over property\n by wills having relation to another juristion\n (a) As used in this section:\n (1)…

* § 3-6.1 Short title\n This part may be cited as the New York electronic wills act.\n * NB Effective December 12, 2027\n

* § 3-6.2 Definitions\n For purposes of this part the following terms shall have the following\nmeanings:\n (a) "Audit trail data" means data about the activities of data,\nincluding but not limited to the electronic will's creation and\nexecution.\n (b) "Communication technology…

* § 3-6.3 Law applicable to electronic will; principles of equity\n An electronic will is a will for all purposes of the law of this\nstate. The law of this state applicable to wills and principles of\nequity apply to an electronic will, except as modified by this act.\n * NB Eff…

* § 3-6.4 Choice of law regarding execution\n A will executed electronically but not in compliance with paragraph\n(a) of section 3-6.6 is an electronic will under this act and is\nformally valid and admissible to probate if executed in compliance with\nthe law of the jurisdictio…

* § 3-6.5 Caution to the testator\n An electronic will shall include a disclosure substantially similar to\nthe following in twelve-point font or larger, boldface, double-spaced\ntype:\n CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS\nTESTATOR, YOUR WILL SHOULD R…

* § 3-6.6 Execution of electronic will\n (a) Subject to paragraph (d) of section 3-6.8, an electronic will must\nbe:\n (1) a record that is readable as text at the time of signing under\nsubparagraph two;\n (2) signed at the end thereof by:\n (A) the testator; or\n (B) another in…

* § 3-6.7 Revocation\n (a) An electronic will may revoke all or part of a previous will.\n (b) An electronic will is revoked by:\n (1) a subsequent will that revokes all or part of the electronic will;\n (2) removal of the electronic will from the custody of the New York\nstate u…

* § 3-6.8 Electronic will attested and made self-proving at time of\n execution\n (a) An electronic will may be simultaneously executed, attested, and\nmade self-proving by acknowledgment of the testator and affidavits of\nthe witnesses.\n (b) The acknowledgment and affidavits un…

* § 3-6.9 Filing of electronic will\n Within thirty days of its execution, an electronic will with audit\ntrail data shall be electronically filed with the New York state unified\ncourt system either by the testator or another person duly authorized by\nthe testator. The electron…

§ 4-1.1 Descent and distribution of a decedent's estate\n The property of a decedent not disposed of by will shall be\ndistributed as provided in this section. In computing said distribution,\ndebts, administration expenses and reasonable funeral expenses shall be\ndeducted but a…

§ 4-1.2 Inheritance by non-marital children\n (a) For the purposes of this article:\n (1) A non-marital child is the legitimate child of his mother so that\nhe and his issue inherit from his mother and from his maternal kindred.\n (2) A non-marital child is the legitimate child o…

§ 4-1.3 Inheritance by children conceived after the death of an intended\n parent\n (a) When used in this article, unless the context or subject matter\nmanifestly requires a different interpretation:\n (1) "Genetic material" shall mean sperm or ova provided by a genetic\nparent.…

§ 4-1.4 Disqualification of parent to take intestate share\n (a) No distributive share in the estate of a deceased child shall be\nallowed to a parent if the parent, while such child is under the age of\ntwenty-one years:\n (1) has failed or refused to provide for the child or ha…

§ 4-1.5 Other disqualifications\n No estate property, whether passing by intestacy or otherwise, which\nhas its situs in this state, shall pass to any other state or territory\nof the United States, or to any foreign country or sovereignty in the\nevent of the absence of an indiv…

§ 4-1.6 Disqualification of joint tenant in certain instances\n Notwithstanding any other provision of law to the contrary, a joint\ntenant convicted of murder in the second degree as defined in section\n125.25 of the penal law or murder in the first degree as defined in\nsection…

§ 5-1.1 Right of election by surviving spouse\n (a) Election by surviving spouse against will executed after August\nthirty-first, nineteen hundred thirty and prior to September first,\nnineteen hundred sixty-six.\n (1) Where a testator executes a will after August thirty-first,\…

§ 5-1.1-A Right of election by surviving spouse\n (a) Where a decedent dies on or after September first, nineteen\nhundred ninety-two and is survived by a spouse, a personal right of\nelection is given to the surviving spouse to take a share of the\ndecedent's estate, subject to …

§ 5-1.2 Disqualification as surviving spouse\n (a) A husband or wife is a surviving spouse within the meaning, and\nfor the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,\nunless it is established satisfactorily to the court having jurisdiction\nof the action or proce…

§ 5-1.3 Revocatory effect of marriage after execution of will\n (a) If the testator leaves a will executed prior to September first,\nnineteen hundred thirty and marries at any time after such will was\nexecuted, the spouse who survives such testator is entitled to succeed\nto th…

§ 5-1.4 Revocatory effect of divorce, annulment or declaration of\nnullity, or dissolution of marriage on disposition, appointment,\nprovision, or nomination regarding a former spouse\n (a) Except as provided by the express terms of a governing instrument,\na divorce (including a…

§ 5-3.1 Exemption for benefit of family\n (a) If a person dies, leaving a surviving spouse or children under the\nage of twenty-one years, the following items of property are not assets\nof the estate but vest in, and shall be set off to such surviving\nspouse, unless disqualifie…

§ 5-3.2 Revocatory effect of birth of child after execution of will\n (a) Whenever a testator has a child born after the execution of a last\nwill, and dies leaving the after-born child unprovided for by any\nsettlement, and neither provided for nor in any way mentioned in the\nw…

§ 5-3.4 Action in supreme court by child born after execution of will,\n by surviving spouse upon revocation of will by marriage or by\n subscribing witness with interest under will\n In the event that the administration of a decedent's estate in the\nsurrogate's court has been c…

§ 5-4.1 Action by personal representative for wrongful act, neglect or\n default causing death of decedent\n 1. The personal representative, duly appointed in this state or any\nother jurisdiction, of a decedent who is survived by distributees may\nmaintain an action to recover d…

§ 5-4.2 Trial and burden of proof of contributory negligence\n On the trial of an action accruing before September first, nineteen\nhundred seventy-five to recover damages for causing death the\ncontributory negligence of the decedent shall be a defense, to be\npleaded and proved…

§ 5-4.3 Amount of recovery\n (a) The damages awarded to the plaintiff may be such sum as the jury\nor, where issues of fact are tried without a jury, the court or referee\ndeems to be fair and just compensation for the pecuniary injuries\nresulting from the decedent's death to th…

§ 5-4.4 Distribution of damages recovered\n (a) The damages, as prescribed by 5-4.3, whether recovered in an\naction or by settlement without an action, are exclusively for the\nbenefit of the decedent's distributees and, when collected, shall be\ndistributed to the persons entit…

§ 5-4.5 Non-marital children\n For the purposes of this part, a non-marital child is the distributee\nof his father and paternal kindred and the father and paternal kindred\nof a non-marital child are that child's distributees to the extent\npermitted by 4-1.2.\n

§ 5-4.6 Application to compromise action\n (a) Within sixty days of the application of an administrator appointed\nunder 5-4.1 or a personal representative to the court in which an action\nfor wrongful act, neglect or default causing the death of a decedent is\npending, the court…

§ 6-1.1 Estates classified\n (a) Estates in property as to duration are classified as follows:\n (1) Fee simple absolute.\n (2) Fee on condition.\n (3) Fee on limitation.\n (4) Estates for life.\n (5) Estates for years.\n (6) Estates from period to period.\n (7) Estates at will.\…

§ 6-1.2 Estates tail abolished; future estates limited thereon\n Estates tail have been abolished, and every estate which would be a\nfee tail, according to the law of this state as it existed before the\ntwelfth day of July, seventeen hundred eighty-two, shall be a fee\nsimple; …

§ 6-1.3 When estate for life of third person is real property; when\n personal property\n A disposition of real property for the life of a third person, whether\nlimited to heirs or otherwise, is real property only during the life of\nthe grantee or devisee; after his death it is…

§ 6-2.1 Estates in severalty, joint tenancy, tenancy by the entirety and\n in common\n Estates as to the number of persons owning an interest therein are\nclassified as follows:\n (1) In severalty.\n (2) Joint tenancy.\n (3) Tenancy in common.\n (4) Only as to real property and, …

§ 6-2.2 When estate is in common, in joint tenancy or by the entirety\n (a) A disposition of property to two or more persons creates in them a\ntenancy in common, unless expressly declared to be a joint tenancy.\n (b) A disposition of real property to a husband and wife creates i…

§ 6-3.1 Estates in possession and future estates\n Estates in property, as to the time of their enjoyment, are classified\nas estates in possession and future estates.\n